Neutral Citation No. - 2025:AHC-LKO:35916 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5321 of 2025 Applicant :- Jagat Pal Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Anadi Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Sri Praveen Kumar Verma, Sri Vikas Gautam and Sri Vijay Kumar Gautam, Advocates on behalf of complainant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State of U.P., learned counsel for complainant and perused the record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.311 of 2024, under Section 115(2), 352, 351(3), 332(c), 75 of BNS, Section 7/8 of Protection of Children From Sexual Offences Act, 2012 and Sections 3 (2) (v-a) of SC/ST Act, Police Station-Hasanganj, District- Unnao. 4. Learned counsel for the applicant submits that there is an old enmity between family members of applicant and the complainant of the present case who is habitual in lodging such type of FIR on the basis of concocted facts only with the intention to get monetary benefits from the State Government. As per prosecution case, the incident was taken place on 13.12.2024. During the course of investigation, statement of victim was recorded under Section 180 BNSS, in which, she categorically stated that on 13.12.2024 at 6.30 p.m., applicant and his sons along with nephew, namely, Alok, Abhijit and Anupam were beating to Bhagwant Raidas son of Durga Prasad who trying to save himself ran away from there and entered into the house of complainant, where the victim was present and she objected the accused persons, who were having with lathi and danda. It is further stated that on the objection of victim, all the accused persons started beating her and abused her; in the meantime, her minor daughter came for her rescue and she was thrown; on their alarm, several persons came on the spot, then accused persons aired the country made pistol and also given threat that in case she lodged the complaint to the police, her entire family would be burnt. It is further submitted that statement of Bhagwant Raidas was recorded and he categorically stated that all the four accused persons gave beating with kicks, punches, lathi and danda. The alleged incident was taken place, thereafter, the FIR was lodged on 18.12.2024, but Bhagwant Raidas has not taken any medical aid despite he received serious injuries. The statement of victim was also recorded under Section 183 BNSS, wherein she developed a case of giving a bad touch on her genital part and torn clothes. However, no recovery memo was prepared by the Investigating Officer as regards torn clothes of the victim. It is next submitted that reason for delay of lodging the FIR has not been explained, but there is specific place in the format of FIR i.e. serial no.8. During the course of investigation, statement of independent witnesses, namely, Kallu Rawat and Ganga Prasad were also recorded and they admitted that some quarrel was taken place in between the parties. However, no such incident of molestation or causing injury was taken place and allegation related to airing the pistol was also denied by the independent witnesses. It is also submitted that interim bail was granted to the applicant by the court below. Thereafter, on the basis of concocted facts, another FIR i.e. Case Crime No.108 of 2025 under Sections 115 (2), 352, 351(3) BNS and Section 3(2)(5-a) SC/ST Act, Police Station- Hasanganj, District- Lucknow was lodged by the complainant on 01.05.2025. It is vehemently submitted that medico legal report of the victim as well as Bhagwant Raidas does not corroborate with the prosecution story as no injury was found despite four persons armed with lathi and danda were giving beatings. All these facts were not considered by the court below in correct perspective and rejected the bail applicant of the applicant. It is lastly submitted that the charge-sheet has already been submitted on 03.02.2025 and as the applicant is in jail since 26.05.2025 and there is no possibility of tempering of any evidence, he may be enlarged on bail. 5. Learned A.G.A. as well as learned counsel for complainant opposes the prayer for grant of bail to the applicant. However, they do not dispute the facts that the alleged incident is of date 13.12.2024 at 6.30 p.m., but the FIR in question was lodged on 18.12.2024 and there is contradiction in the statements of victim, injured and other independent witnesses. 6. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR, statements of victim, injured and other independent witnesses and also the medico legal report of the injured persons as well as other relevant documents, it is undisputed that there is contradiction in the statements of victim, injured and other independent witnesses. Therefore, this Court is of the view that the applicant is entitled to be released on bail. 7. Let the applicant- Jagat Pal Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 269 BNS. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 209 BNS. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 20.6.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench